European Communities

This article is about the collective nature of the three European Communities existing from 1952 until 2009, including their operation as a pillar of the European Union after 1993. For the principal organisation of these three, see European Economic Community.

When the Communities were incorporated into the European Union in 1993, they became its first pillar. The European Coal and Steel Community ceased to exist in 2002 when its founding treaty expired. The European Community was dissolved into the European Union by the Treaty of Lisbon in 2009; with the EU becoming the legal successor to the Community. Euratom remained an entity distinct from the EU, but is governed by the same institutions.

The ECSC's aim was to combine the coal and steel industries of its members to create a single market in those resources. It was intended that this would increase prosperity and decrease the risk of these countries going to war through the process of European integration. The EAEC was working on nuclear energy co-operation between the members. The EEC was to create a customs union and general economic co-operation. It later led to the creation of a European single market.[2]

The EEC became the European Community pillar of the EU, with the ECSC and EAEC continuing in a similar subordinate position, existing separately in a legal sense but governed by the institutions of the EU as if they were its own. The ECSC's treaty had a 50-year limit and thus expired in 2002, all its activities are now absorbed into the European Community.[3] The EAEC had no such limit and thus continues to exist. Due to the sensitive nature of nuclear power with the European electorate, the treaty has gone without amendment since its signing and was not even to be changed with the European Constitution intended to repeal all other treaties (the Constitution's replacement, the Treaty of Lisbon, likewise makes no attempt at amendment).[4][5]

As the EAEC has a low profile, and the profile of the European Community is dwarfed by that of the EU, the term "European Communities" sees little usage. However, when the EU was established the institutions that dealt solely or mainly with the European Community (as opposed to all three pillars) retained their original names, for example the formal name of the European Court of Justice was the "Court of Justice of the European Communities" until 2009[6]

In 1967, the Merger Treaty combined these separate executives. The Commission and Council of the EEC were to take over the responsibilities of its counterparts in the other organisations. From then on they became known collectively as the "European Communities", for example the Commission was known as the "Commission of the European Communities", although the communities themselves remained separate in legal terms.[2]

The Community institutions became the institutions of the EU but the roles of the institutions between the pillars are different. The Commission, Parliament and Court of Justice are largely cut out of activities in the second and third pillars, with the Council dominating proceedings. This is reflected in the names of the institutions, the Council is formally the "Council of the European Union" while the Commission is formally the "Commission of the European Communities". This allowed the new areas to be based on intergovernmentalism (unanimous agreement between governments) rather than majority voting and independent institutions according to supranational democracy.

However, after the Treaty of Maastricht, Parliament gained a much bigger role. Maastricht brought in the codecision procedure, which gave it equal legislative power with the Council on Community matters. Hence, with the greater powers of the supranational institutions and the operation of Qualified Majority Voting in the Council, the Community pillar could be described as a far more federal method of decision making.

The Amsterdam Treaty transferred rule making powers for border controls, immigration, asylum and cooperation in civil and commercial law from the Justice and Home Affairs (JHA) pillar to the European Community (JHA was renamed Police and Judicial Co-operation in Criminal Matters (PJCC) as a result). Both Amsterdam and the Treaty of Nice also extended codecision procedure to nearly all policy areas, giving Parliament equal power to the Council in the Community.

In 2002, the Treaty of Paris which established the European Coal and Steel Community (one of the three communities which comprised the European Communities) expired, having reached its 50-year limit (as the first treaty, it was the only one with a limit). No attempt was made to renew its mandate; instead, the Treaty of Nice transferred certain of its elements to the Treaty of Rome and hence its work continued as part of the EEC area of the Community's remit.

The Treaty of Lisbon merged the three pillars and abolished the European Community; with the European Union becoming the Community's legal successor. Only one of the three European Communities still exists and the phrase "European Communities" no longer appears in the treaties.

The abolition of the pillar structure was first proposed under the European Constitution but that treaty was not ratified.

By virtue of the Merger Treaty, all three Communities were governed by the same institutional framework. Prior to 1967, the Common Assembly/European Parliamentary Assembly and the Court of Justice, established by the ECSC, were already shared with the EEC and EAEC, but they had different executives. The 1967 treaty gave the Council and Commission of the EEC responsibility over ECSC and EAEC affairs, abolishing the Councils of the ECSC and EAEC, the Commission of the EAEC and the High Authority of the ECSC. These governed the three Communities till the establishment of the European Union in 1993.

Member states are represented in some form in each institution. The Council is also composed of one national minister who represents their national government. Each state also has a right to one European Commissioner each, although in the European Commission they are not supposed to represent their national interest but that of the Community. Prior to 2004, the larger members (France, Germany, Italy and the United Kingdom) had two Commissioners. In the European Parliament, members are allocated a set number seats related to their population, however these (since 1979) have been directly elected and they sit according to political allegiance, not national origin. Most other institutions, including the European Court of Justice, have some form of national division of its members.

The Protocol on the privileges and immunities of the European Communities[9] grants the European Communities and their institutions certain privileges and immunities such as to allow them to perform their tasks. The International Organizations Immunities Act (22 USC § 288h)[10] of the United States has also been extended to the European Communities.

The working conditions of staff are governed by the Communities' staff regulations[11] and not directly by the labour laws of the countries of employment. Their salaries, wages and emoluments are subject to a tax for the benefit of the European Communities and are, in turn, exempt from national taxes.

^"European Community". Encyclopædia Britannica. Retrieved 30 January 2009. The term also commonly refers to the “European Communities,” which comprise...; "Introduction to EU Publications". Guide to European Union Publications at the EDC. The University of Exeter. Retrieved 30 January 2009. The European Community originally consisted of three separate Communities founded by treaty...; Derek Urwin, University of Aberdeen. "Glossary of The European Union and European Communities". Retrieved 30 January 2009. European Community (EC). The often used singular of the European Communities.